§3021 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Allows the Secretary to hire new commissioned officers at grades that match their skills and the needs of the officer corps, with some rules. Officer candidates who finish the basic officer training program must be appointed as ensigns and ranked by their graduation merit. New appointments may come from basic officer training graduates; military academy graduates with the Secretary of Defense’s approval; State maritime academy graduates who meet academic rules, did at least three years of regimented training, and hold an unlimited tonnage or horsepower Merchant Mariner Credential; or licensed U.S. merchant marine officers who served two or more years aboard a U.S. vessel and meet the academic rules. Someone who used to be an officer can be appointed back to the grade they held before leaving, unless the job is one of the important positions listed in section 3028, which only the President can fill. Appointments only go to U.S. citizens and only after checks of mental, moral, physical, and professional fitness under the Secretary’s rules. Appointees in a grade rank by the date of their commission; ties are broken by the Secretary. For inter-service transfers under Department of Defense Directive 1300.4 (dated December 27, 2006), the Secretary must work with the Secretary of Defense and the Secretary of the operating Department to streamline transfers, may give them recruitment preference, and must reappoint them at the equivalent grade. The term “military service academies” means: the U.S. Military Academy (West Point, NY); the U.S. Naval Academy (Annapolis, MD); the U.S. Air Force Academy (Colorado Springs, CO); the U.S. Coast Guard Academy (New London, CT); and the U.S. Merchant Marine Academy (Kings Point, NY). The term “State maritime academy” is defined in 46 U.S.C. 51102.

Title 33, §3021

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)(A)Except as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for—

(i)the qualification, experience, and length of service of the appointee; and

(ii)the commissioned officer corps of the Administration.

(B)(i)An original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign.

(ii)Officer candidates receiving appointments as ensigns upon graduation from the basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation.

(2)An original appointment may be made from among the following:

(A)Graduates of the basic officer training program of the commissioned officer corps of the Administration.

(B)Subject to the approval of the Secretary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).

(C)Graduates of the State maritime academies who—

(i)otherwise meet the academic standards for enrollment in the training program described in subparagraph (A);

(ii)completed at least three years of regimented training while at a State maritime academy; and

(iii)obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard.

(D)Licensed officers of the United States merchant marine who have served two or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).

(3)In this subsection:

(A)The term “military service academies of the United States” means the following:

(i)The United States Military Academy, West Point, New York.

(ii)The United States Naval Academy, Annapolis, Maryland.

(iii)The United States Air Force Academy, Colorado Springs, Colorado.

(iv)The United States Coast Guard Academy, New London, Connecticut.

(v)The United States Merchant Marine Academy, Kings Point, New York.

(B)The term “State maritime academy” has the meaning given the term in section 51102 of title 46.

(b)(1)Except as provided in paragraph (2), an individual who previously served in the commissioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation.

(2)An appointment under paragraph (1) to a position of importance and responsibility designated under section 3028 of this title may only be made by the President.

(c)An appointment under subsection (a) or (b) may—

(1)be given only to an individual who is a citizen of the United States; and

(2)not be given.11 So in original. The period probably should not appear. to an individual until the individual’s mental, moral, physical, and professional fitness to perform the duties of an officer has been established under such regulations as the Secretary shall prescribe.

(d)Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. The order of precedence of appointees whose dates of commission are the same shall be determined by the Secretary.

(e)For inter-service transfers (as described in Department of Defense Directive 1300.4 (dated December 27, 2006)) the Secretary shall—

(1)coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers;

(2)give preference to such inter-service transfers for recruitment purposes as determined appropriate by the Secretary; and

(3)reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps of the Administration.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853t of this title prior to repeal by Pub. L. 107–372.

Amendments

2022—Subsec. (c). Pub. L. 117–263 substituted “may— “(1) be given only to an individual who is a citizen of the United States; and “(2) not be given.” for “may not be given”. 2020—Pub. L. 116–259 substituted “Original appointments and reappointments” for “Original appointments” in section catchline and amended text generally. Prior to amendment, text related to original appointments in the grades of ensign, lieutenant (junior grade), and lieutenant.

§3021 Original Appointments and Reappointments